Once a gift deed is executed duly stamped and registered your mother would be absolute owner of the property
2) your uncle can file suit to set aside gift deed but called of success are bleak
Hi i have a query about gift deed ..my grand mother has 2 two kids..my mother and and his brother..my grand mother owns a property of her home..she has made a gift deed that property to my mother, legally by registered all necessary documents including stamp paper and all...i have a 1 question ,can my mothers brother take an objection against a gift deed?
Once a gift deed is executed duly stamped and registered your mother would be absolute owner of the property
2) your uncle can file suit to set aside gift deed but called of success are bleak
If she has registered a gift deed and your mother has taken possession of the same, the property now belongs to your mother and your brother cannot lay a claim on the property.
1. If it were to be your grandmother's self acquired property and her act of gifting the registered gift deed will be legally valid.
2. However if your mother's brother would be independent to challenge/object to the gift deed.
If it was your grandmother's own and absolute property with clear and marketable title on her name, then transfer by a registered gift deed is valid and cannot be challenged by anyone either now or anytime in future
No he can’t take objection until the said property is ancestral. Otherwise she can make gift deed without his brothers consent
If your grandmother made a valid gift deed of her home to your mother, legally registered and signed by her and two witnesses, then your mother’s brother cannot object to it or claim any right over the property.
However, if your grandmother did not make a valid gift deed, or if there is any evidence that she was forced, tricked, influenced, or mentally unfit to make the gift, then your mother’s brother can challenge the gift deed in court and seek his share of the property.
If your grandmother had gifted her self-earned OR her exclusive share of a partitioned property in favour of your mother, your uncle cannot legally have any claim over it.
- Since, the said property is owned by your grandmother , then being the legal owner of the self acquired property , she having her right to transfer the same to your mother by way of registered gift deed , and none having right to claim over the same.
- Further, once a gift deed registered , then it cannot be cancelled on any ground .
- Hence, the brother of your mother having no right to claim over that property and cannot take an objection against the gift deed.
yes, that the same in influence by fraud or coercion. Having said that, proving this would not be an easy job for him.
Dear Client,
If your grandmother possessed full and undisputed ownership of the property, along with a clear and transferable title in her name, then the validity of its transfer via a registered gift deed remains unquestionable. This transfer cannot be contested by anyone, either in the present or at any point in the future.